An interlocutory appeal is a legal term used to refer to an appeal filed during the course of a legal proceeding. A judge’s ruling on a matter before the final verdict is known as an interlocutory ruling. When a party in a legal dispute is not happy with a particular ruling, they can file an interlocutory appeal asking a higher court to review or overturn the judge’s decision.
Example of an Interlocutory Appeal
In a recent case, a restaurant owner in California sued the local government for alleged discrimination after the city refused to grant the owner a permit to open a restaurant. After several hearings, the lower court judge issued a ruling denying the permit. Unhappy with the outcome, the restaurant owner filed an interlocutory appeal with the appeals court, arguing that the lower court had erred by making a ruling that was too restrictive.
Why Would Someone File an Interlocutory Appeal?
Interlocutory appeals can be useful when one party is unhappy with a ruling that has been granted by a lower court and want to seek relief from a higher court. By filing an interlocutory appeal, the party can potentially have the ruling reversed or modified before the final verdict is issued, which can help avoid a costly and lengthy trial.
In addition to seeking relief from the ruling, an interlocutory appeal can also be used as a strategic tactic to force settlement negotiations or delay proceedings, as it can take significant time for higher courts to review and issue a ruling.
Conclusion
An interlocutory appeal is a legal term used to refer to an appeal filed during the course of a legal proceeding. This type of appeal can be a useful tool for parties seeking to overturn a lower court’s ruling, as well as a strategic tactic to force settlement negotiations or delay proceedings.